Allowed

K.S. Rajesh v. the Kerala State Road Transport

Kerala HC26 May 2014WP(C)/10536/2014

Case brief

AI extract

What is this about?

A provisional conductor challenged an order imposing a rider for further Government approval to regularise his service. The court quashed this rider, holding the petitioner eligible under the Government Order as he was in active service and under age, and directed his regularisation within two weeks.

What did the court decide?

The rider in Ext.P11 conditioning regularisation on further Government approval is quashed. The Corporation is directed to regularise the petitioner immediately.

K.S. Rajesh Vs the Kerala State Road Transport — Service and Employment | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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MONDAY, THE 26TH DAY OF MAY 2014/5TH JYAISHTA, 1936

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WP(C).No. 10536 of 2014 (N)

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PETITIONER :

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K.S. RAJESH

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AGED 40 YEARS, S/O. SREEDHARAN, MUTTATHUVELIYIL HOUSE NADAKKAVU P.O., UDAYAMPEROOR PIN - 682 307. (PROVISIONAL CONDUCTOR - KSRTC - ERNAKULAM)

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BY ADV. SRI.K.P.JUSTINE (KARIPAT)

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RESPONDENTS :

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THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023.

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THE EXECUTIVE DIRECTOR (A) KERALA STATE ROAD TRANSPORT COPORATION TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM - 695 023.

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THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C, ERNAKULAM - 682 011

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R BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10536 of 2014 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE DUTY PASS NO.9856

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EXHIBIT-P2-TRUE COPY OF THE MEMO NO. PL12.00300/04 DATED 26/10/2004.

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EXHIBIT-P3-TRUE COPY OF THE G.O(MS) 77/2011/TRAN. DATED 22/12/2011.

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EXHIBIT-P4-TRUE COPY OF THE CERTIFICATE DATED 08/03/2013 ISSUED BY THE ATO K.S.R.T.C, ERNAKULAM.

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EXHIBIT-P5-TRUE COPY OF THE RESPRESENTATION DATED 14/02/2012 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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EXHIBIT-P6-TRUE COPY OF THE IDENTIFICATION CERTIFICATE AND PRO-FORMA IN THE NAME OF THE PETITIONRE ISSUED BY THE ATO, ERNAKULAM.

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EXHIBIT-P7-TRUE COPY OF THE LETTER NO. PL-3/1859/2012/EKM DATED 16/05/2012 ISSUED BY THE ATO, ERNAKULAM.

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EXHIBIT-P8-TRUE COPY OF THE LETTER NO. PL2/578/13/EKM DATED 13/02/2012.

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EXHIBIT-P9-TRUE COPY OF THE MEMO VIDE NO. PL12/000042/08 DATED 05/02/2013.

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EXHIBIT-P10-TRUE COPY OF THE PRINT OUT OF COMPUTERISED LIST OF PROVISIONAL EMPLOYEES WORKING AT ERNAKULAM AND WHO WERE REGULARISED.

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EXHIBIT-P11-TRUE COPY OF THE ORDER PL 16/014915/12 DATED 15/07/2013 ISSUED BY PERSONNEL SECTION (CHIEF OFFICE), KSRTC

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EXHIBIT-P12-TRUE COPY OF THE LETTER NO. 74/A3/2013/TRAN. DATED 01/02/2013 ISSUED BY THE TRANSPORT (A) DEPARTMENT, GOVERNMENT OF KERALA.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

C.K. ABDUL REHIM, J.

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W.P.(C). No. 10536 of 2014

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Dated this the 26^th day of May, 2014

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JUDGMENT

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The petitioner was engaged as empanelled

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Conductor in the 1^st respondent Corporation on the basis that he was included in the Rank List prepared by the PSC, but remained unadvised. The petitioner claimed regularisation in service based on Ext.P3 Government Order wherein the Government have accorded sanction for regularisation of provisional Conductors who were engaged from the unadvised Rank List of PSC. When his claim was not considered he had approached this court on an earlier occasion in WP(C) No.7961/2013. This court directed to consider his request within a period of one month and to pass appropriate orders. Ext.P11 is the consequential order issued by the 1^st respondent Corporation. It is evident from Ext.P11 that the Corporation found that the petitioner is entitled to the benefit of Ext.P3 Government Order. Therefore he was declared as eligible for regularisation. But it is observed

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W.P.(C). No. 10536 of 2014

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in Ext.P11 that he will be regularised only after getting approval from the Government. It is aggrieved by such a rider imposed in Ext.P11, this writ petition is filed.

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By virtue of Ext.P3 the Government have accorded sanction for regularising empanelled Conductors engaged from the unadvised list of PSC, considering the fact that they were included in the PSC list after completing all formalities of selection. The only condition stipulated in Ext.P3 is that, the employee should be in active service of KSRTC as on the date of Ext.P3 and should not have crossed the upper age of 55 years. It is mentioned that the date of regularisation will be the date of the order. In Ext.P11 it is specifically mentioned that the petitioner was in active service as on 22.12.2011. Therefore there is no necessity to obtain any further approval from the Government. The petitioner ought to have been regularised in view of Ext.P3 Government Order.

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Under the above mentioned circumstances, Ext.P11 to the extent it imposed the rider for getting

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W.P.(C). No. 10536 of 2014

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approval from the Government is hereby quashed. The 1^st respondent is directed to issue fresh proceedings regularising the petitioner in the service of the Corporation with immediate effect. Necessary orders in this regard shall be issued within a period of two weeks from the date of receipt of a copy of this judgment.

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Sd/-

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C.K. ABDUL REHIM, JUDGE

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/true copy/

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P. A. to Judge

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K.S. Rajesh v. the Kerala State Road Transport

Case brief

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K.S. Rajesh v. the Kerala State Road Transport

Case brief

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